The Bill of Rights 10 Amendments Created to ratify Constitution Written by Madison Personal rights Legal rights State rights
1 st Amendment Five Freedoms: 1. Freedom of Speech 2.Freedom of Religion 3.Freedom of Press 4.Freedom of Assembly 5.Freedom to Petition Govt.
2 nd Amendment Right to bear arms Maintain militia
3 rd Amendment No quartering troops in times of peace Reaction to what colonial law?
4 th Amendment Protection from illegal search & seizure Search Warrant Exceptions: Probable Cause Plain View Law
5 th Amendment Rights of the Accused: Self-Incrimination Clause Double Jeopardy Due Process of Law
6 th Amendment Guarantees additional rights to those accused of a crime, including: Trial by jury Speedy & Impartial Jury Entitled to a lawyer
7 th Amendment Civil Court Rights Trial by jury if amount involved is more than $20 Examples: Lawsuits Civil Violations
8 th Amendment Protection from: Cruel and Unusual Punishment Excessive bail Excessive fines
9 th Amendment States that the rights listed in the Constitution are not the only rights guaranteed to citizens -Ensures private domain - Right to choose our friends - Right to choose our job - Right to have children
10 th Amendment Powers reserved for states “All powers not granted to natl. govt”
Powers & Clauses of the Bill of Rights - Establishment Clause (1 st Amend.) - Free Exercise Clause (1 st Amend.) - Exclusionary Rule (4 th Amend.) - Self-Incrimination Clause (5 th Amend.) - Double Jeopardy Clause (5 th Amend.) - Confrontation Clause (6 th Amend.) - Implied Right to Privacy (3 rd, 4 th, 9 th Amend.)
Establishment Clause Govt. can not set up a church Can’t target/benefit one religions Can't sponsor a religion
Free Exercise Clause No punishments for religious beliefs or rituals No taxes levied for religious groups Schools Places of worship Religious organizations
Examples of 1 st Amendment Clauses Denies the following from happening: Teaching the Bible in school Tax money to church-affiliated schools Prayer at graduation ceremonies Religious statues/plaques in govt. buildings
Exclusionary Rule Can not use evidence from illegal S & S
Self-Incrimination Clause No person can be forced to be a witness against themselves (I plead the 5th!)
Double Jeopardy Can not charge for the same crime twice Exception: - Appeals (re-trial)
Confrontation Clause The right to confront (question) a witness who is accusing you of a crime Protection from: - Lies - Heresay - Revenge Question credibility of witness
Implied Right to Privacy Ensures Private Domain What amendments “imply” the right to privacy? What are some example activities protected by this right?
Implied Right to Privacy Wire tapping without a warrant Right to have an abortion Protection from Illegal Search & Seizure Right to home privacy (Video Surveillance, Vulgarity, Right to Die)